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Judging whether one is guilty one’s guilty has been a long issue in
human history. Whereas the decisions were made my leaders in the society based
on their authority power long time ago, people requested, as the society became
civilized, to implement a more systemized evaluation system based on laws that every
civilian can agree. Although the laws are quite rational enough for every individuals
to accept, the whole bar system still has weaknesses, which is the possibility of
discretional biased sentencing. As a result, the courts in the advanced countries
are trying to adapt a trial by jury.
Giving criminals right to a trial by jury is
an innovative system, however, its negatives outweigh positives. Although the
system can relieve uncertainty that important decision makings are finalised by
only a few judges, they are still very well trained professionals in law. They
were not only trained laws but also how to find out key issue from the criminal
in logical method. In contrast, a trial by jury is executed by a number of
figures who do not have enough legal knowledge and logical approach skills.
That means the final sentence can greatly affected by a non-legal aspect such as
emotional touch or intended misleading toward redundancies. To illustrate, I
have seen many documents that depicts jurors who juries changed their mind after seeing
tears from defender family.
I believe that a trial by jury system can
catalyse to enhance the whole legal approaches. In addition more individuals
can get interested in social problems and legal information. In spite of the
points, the whole society is highly likely to pay more costs to manage the
system since legal process of each case will be extended as criminals might want
to execute their rights as a hidden card to change the game. For example, I
read an article that advanced countries where a trial by jury system was implemented, trying where implement a trial by jury system
try to impose additional condition to execute their right to have a trial by
jury because criminals used to exploit the program for time lagging the whole
process.
To sum, a trial by jury is not a perfect solution
to substitute previous bar system. Moreover, criminals have tendency to use the
judging program to mis-lead whole legal decisions time to time. A right to a trial
by jury of criminal has limited function in the societies.
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